People v. Rangel CA5

INTRODUCTION

Appellant Marcos Raymond Rangel was convicted by jury of forcible rape (Pen. Code,1 § 261, subd. (a)(2)). In addition, the jury found true two aggravating factors. (See Cal. Rules of Court, rules 4.421(a)(1) [“[t]he crime involved great violence …”], 4.421(b)(1) [the defendant’s violent conduct “indicates a serious danger to society”].) The court found true an aggravating factor related to Rangel’s convictions for robbery, both of which occurred subsequent to the forcible rape. (See Cal. Rules of Court, rule 4.421(c).) The trial court sentenced Rangel to the upper term of eight years in state prison and imposed a $300 parole restitution fine (§ 1202.4). Rangel raises the following claims on appeal: (1) the trial court abused its discretion by denying his third motion to substitute appointed counsel under People v. Marsden (1970) 2 Cal.3d 118 (Marsden); (2) the trial court erred by imposing the full- term sentence for his conviction, consecutive to the prison term that he was currently serving for a 2019 conviction for robbery; (3) the trial court failed to instruct the jury that it could not find that Rangel has engaged in violent conduct that indicates a serious…